AMARSINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANTS have filed this appeal under Section 374 of Cr.P.C. against judgment dt. 27.3.1998 passed in S.T. No. 148/1995 by learned Additional Sessions Judge Sardarpur District Dhar, M.P. whereby appellant No.1 Amarsingh has been convicted for the offence punishable under Section 307 of IPC and sentenced to undergo RI for 4 years and fine of Rs. 200/- has been imposed upon him and remaining appellants have been convicted for the offence punishable under Section 307/34 of IPC and sentenced to undergo RI for 4 years and fine Rs. 200/- each with default stipulation.

(2.) THE brief facts of the case are that, on 14.12.1994 at about 6.30 pm complainant Antarsingh Lodha was sitting in front of his house with his guests Ramesh and Kanhaiya. It is alleged that appellants came there and started abusing complainant. When complainant abused the appellants he was caught by Mangilal, Leelabai, Prembai and Amarsingh inflicted knife blow on the left side of abdomen after threatening him with death. On report of appellant, case was registered against him at PS. Amjhera and after filing of challan, learned Trial Court convicted appellant Amarsingh for the offence punishable under Section 307 IPC and remaining appellants for the offence punishable under Section 307/34 of IPC.

(3.) LEARNED Counsel for the appellants have drawn attention towards the fact that in the FIR Ex.P/7 the weapon used has been mentioned as Knife while at the time of evidence, witnesses have alleged that injury was caused by Amarsingh by Gupti. Ramesh PW-2 has not stated anything regarding weapon used at the time of offence. While Antarsingh PW-3, Durgalal PW-4 have stated that Gupti was used by the accused Amarsingh at the time of incidence.